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DH is being sued and is very worried

(8 Posts)
going Mon 01-Aug-11 08:55:39

About a year ago DH had a car accident. He was at fault and crashed into the car in front of him which hit another car.
The passenger of the car which was infrom of DH is now suing DH for personal injuries. This claim has been on going since January via the insurance company but we were unaware. We found out on Saturday when DH recieved a court summons. DH contacted the insurance company who said that the cloaiments solicters had denied that they had recived documents from the insurance company (the insurance company said they have sent them) and this is why it has been escalaled.
DH was told to send the court summons to his insurance. He is really worried that he will have to pay the cost and the insurance compnay won't cover it. DOes anyone know if this is likely.
Thanks!

SeenButNotHeard Mon 01-Aug-11 09:02:07

Sorry, not an expert, but do have some personal experience of this (from the pov of the person in the 'middle' car.

Your dh's insurance company will have a file of all of the paperwork that they have sent over and so will just have to produce these documents again. You clearly have legal cover on your insurance policy so will not be personally liable for any claim for compensation or for costs associated with the court case. (although it will, no doubt effect next years insurance premium)

The court will make a judgement in respect of the amount of compensation that your insurance company have to pay the passenger of the other car.

going Mon 01-Aug-11 09:06:28

Thanks SeenButNotHeard. I also think DH will be covered. The insurancew went up quite a bit after the accident so dread to see what it will be next year, think we may have to sell the car.

My personal injury claim went to court and I know that it was the insurance company paid out to me rather than the other driver.

My dad had an accident which was as serious as it could be sad and he was at fault. His insurance company had to pay out a phenomenal amount of money in damages to the other family but I know that he didn't have to pay.

Those are two cases that I know of where the insurance has paid out. Hopefully that might put your mind at ease but probably worth calling the insurance company just to check.

SeenButNotHeard Mon 01-Aug-11 09:11:36

Insurance companies get you any way they can.

My accident was in no way my fault (I was stationary in traffic and the car behind did not stop and shunted me into the car in front) I have over 10 years no claims (protected) but when I went to renew, they refused to protect my no claims, stating that although the accident was not my fault, statistically, I was now more likely to go on to have another accident (I haven't, and this was three years ago)
I went with another insurance company who were far more generous.

Really hope your dh is not stressing too much.

going Mon 01-Aug-11 09:14:53

Ben10 that's reassuring to hear. Your dad's accident sounds awful. Dh's one wasn't serious he didn't stop soon enough, no one was hurt at the scene and everyone drove off. They are asking for less than £5000 but poor DH is so worried.

going Mon 01-Aug-11 09:18:02

SeenButNotHeard ours doubled but we accepted that as dh knew he was at fault. His insurance company have also admitted to the car infront that dh was at fault so hopefully she didn't have the same problem you did.

cornsilksy Mon 01-Aug-11 11:38:00

how worrying for your dh. I was sent a summons - similar claim - I went into the back of another car at a junction and broke their tail light - they were claiming for whiplash. My insurance company told me that it was a trick used by the other insurance company to get me to put pressure on my insurers to pay out more quickly. confused I was was really worried as it all looks so formal when you're sent a summons. I passed it on to my insurers and they sorted it out.

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